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4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION TO DISMISS
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PURSUANT TO RULE 12(B)(5) FOR
13 vs. )
INSUFFICIENCY OF PROCESS. MEMORANDUM
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OF POINTS AND AUTHORITIES; DECLARATION
14 Any Defendant, and DOES 1-5 )
OF _____________
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Defendants. )
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) DATE:
) TIME:
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) PLACE
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)
)
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- 1 -
NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)
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2 TO PLAINTIFF ________ AND THEIR ATTORNEYS OF RECORD:

3 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
4 above-entitled Court located at ___________________________, Defendant ______ (“Defendant”)
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will move this Court for an Order dismissing the complaint filed by Plaintiff ____ (“Plaintiff”).
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This Motion will be made pursuant to Federal Rule of Civil Procedure 12(b)(5) (“Rule 12(b)
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(5)”) on the grounds of insufficiency of process in that Defendant, ____________________ was not

9 personally served with the summons and complaint, instead they were posted on their front door.

10 Therefore the purported service on Defendant was not valid or effective under Federal Rule of Civil
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Procedure 4 (“Rule 4”) and this Court should grant the motion to dismiss.
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This motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the attached Declaration of ___________ the complete files and records of this action,
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15 and such other and further oral and documentary evidence as may be presented at the hearing on this

16 Motion.
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18 Dated_________________________ _______________________________________
Any Attorney or Party
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NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed their complaint against Defendant on _____________ with causes of action for
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______________________________________. See complaint on file.

7 The proof of service filed by Plaintiff alleges that Defendant was personally served on

8 ____________________with the summons and complaint.
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Defendant denies being personally served and alleges that they had no knowledge of the
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summons and complaint, nor even that anyone had filed a lawsuit, or was attempting to serve them
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until _______________ when they opened their front door and noticed the summons and complaint
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13 was posted on the front door.

14 Defendant contends that the service on them was improper as it was not made in accordance
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with the provisions of Rule 4 of the Federal Rules of Civil Procedure, thus this Court should grant
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the motion to dismiss under Rule 12(b)(5) for insufficiency of process.
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18 Be sure to modify this to suit your individual situation. Do NOT
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just use the wording here unless it definitely applies to your particular
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NOTICE OF MOTION AND MOTION TO DISMISS UNDER RULE 12(b)(5)

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